M v F & Ors
[2023] EWFC 246 (B)
X and Y (Children) (Child arrangements, Prohibited Steps, Passports), Re
30 October 2024
[2024] EWFC 322 (B)
Family Court
A father lost a custody battle because of past domestic abuse and lack of cooperation. The judge ordered the children to live with their mother and the father to have limited, supervised visits. The mother was allowed to get passports for the children. The father also had to abide by a non-molestation order.
Key Facts
- •Dispute between parents over child arrangements, prohibited steps order (regarding passports), and a non-molestation order.
- •Father is a litigant in person, mother represented by counsel.
- •Previous fact-finding hearing resulted in findings of domestic abuse against the father.
- •Children are aged 5 and 3, living with the mother.
- •Extensive delay in proceedings.
- •CAFCASS filed two reports recommending limited contact in a contact center, gradually progressing to community contact.
- •Father seeks 50/50 shared care; mother agrees with CAFCASS recommendations, later modified by CAFCASS officer due to father’s lack of acceptance of previous findings.
- •Father’s financial difficulties and lack of engagement with recommended parenting programs are key issues.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, s.1
Presumption of parental involvement unless contrary shown.
Children Act 1989, s.1(2A), (2B)
Delay prejudices child's welfare.
Children Act 1989, s.1(2)
Consideration of Article 8 (right to respect for private and family life) and Article 6 (right to a fair trial).
Human Rights Act 1998
Factors to consider when determining child arrangements in domestic abuse cases.
Family Procedure Rules 2010, PD12J, paras 35-37
Definition and considerations for Non-Molestation Orders.
Family Law Act 1996, s.42; Horner v Horner; Re T (A Child)
Criteria for Prohibited Steps Orders.
Re C (A Child) [2013] EWCA Civ 1412
Outcomes
Child Arrangements Order: Children to live with mother.
Father's lack of practical care experience, lack of acceptance of previous findings, and lack of engagement with support programs pose risks to children's welfare. Significant change to 50/50 care would be harmful.
Father to have supported contact in a contact centre, potentially increasing to 2 hours fortnightly, up to 6 hours during school holidays (dependent on father’s ability to cover costs).
Balances father’s right to contact with children’s safety and welfare concerns.
Specific Issues Order: Mother to obtain British and [Northern European Country] passports and ID cards for children.
Benefits children's future opportunities and immigration status; no evidence to support Prohibited Steps Order.
Non-Molestation Order extended for 2 years.
Evidence suggests father may have accessed mother's address. Order modified to allow communication via a co-parenting app to protect mother's wellbeing.